CVRMLS TENANT REPRESENTATION AGREEMENT (For Non-Agency---Independent Contractor Relationship) (No Dual or Designated Agency Disclosure) (This is a legally binding contract. If not understood, seek competent advice before signing.) ED This Agreement (the “Agreement”) is made as of ___________________, 20____ between _____________________________ ______________________________________(collectively “Tenant”) and __________________________________________ [insert name of firm above] ______________________________________ (“Broker”). 1. In consideration of the mutual covenants contained in this Agreement, Tenant hereby appoints Broker to represent Tenant in the leasing of the following specific property or type of property: ___________________________________________________ ___________________________________________________________________________________________________. Tenant acknowledges that Broker is acting only as an independent contractor in this brokerage relationship, and not an agent pursuant to Va. Code Section 54.1-2130 et seq. and will not provide any other services to Tenant, except as provided in this Agreement or as may be required by law. U 2. TERM. This Agreement shall commence on _____________, 20___ and terminate at midnight on _____________, 20___. C N IO AT C PY O 3. BROKER’S OBLIGATIONS. Tenant acknowledges that Broker has the following mandatory obligations according to Virginia law: Broker must maintain client confidentiality, exercise ordinary care, account for a client’s money and property, disclose material facts to the client regarding the property and/or the transaction, disclose material adverse facts and defective drywall to prospective tenants, and treat all parties honestly. Broker shall reject any brokerage relationship with a landlord for property sought by Tenant unless consented to in writing by Tenant. Broker shall have no obligation to search out such properties beyond those that come to the attention of Broker in the ordinary course of Broker’s business. Broker may represent other tenants who may be interested in the same property as Tenant. 4. BROKER SERVICES. Broker agrees to provide the following services to Tenant during the term of this Agreement (select all applicable boxes): Locate and show real property available for lease and suitable for leasing by Tenant. Represent Tenant in all negotiations regarding the leasing of real property described above. Assist Tenant in completing any lease application forms. Review any written leases with Buyer for the leasing of real property described above. Other services (describe): ______________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ ___________________________________________________________________________________ AL 5. TENANT’S DUTIES. Tenant shall: work with Broker during the term of this Agreement; comply with the reasonable requests of Broker to supply any pertinent information or personal data needed to fulfill the terms of this Agreement; pay Broker the compensation set forth below; be available during Broker’s regular working hours to view properties; consult with Broker before visiting any rental properties or contacting any other real estate licensees or property owners to avoid confusion over the brokerage relationships and liability for payment of the compensation due to Broker; and inform all landlords and licensees whom Tenant contacts of Tenant’s brokerage relationship with Broker. 6. COMPENSATION. Broker is authorized to receive the compensation offered by the Listing Firm to a Tenant’s broker or paid by a landlord, which compensation will be credited against the Fee (defined below) due by Tenant to Broker. For the services rendered by Broker, Tenant agrees to pay Broker a fee (the “Fee”) equal to the total of the following [select all applicable boxes]: the compensation offered by the Listing Firm or by a landlord to a Tenant’s broker on property leased by Tenant, but such compensation shall not be less than __________________________________________; AND the sum of $____________________. The Fee shall be due [select one]: At the time Tenant enters into a lease agreement to lease property of the type described above through the services of Broker OR upon execution of this Agreement OR Other (describe): __________________________________________________. The fee set forth in this paragraph 6 [select one]: is OR is not dependent upon Tenant entering into a lease agreement to lease property. The Fee shall also be due to Broker if Tenant obtains a lease within _____ days after the CVR 381 Page 1 of 2 rev 02/15 expiration of this Agreement (the “Protection Period”) for property available for lease that is shown or described to Tenant by Broker during the term of this Agreement unless Tenant has entered into a subsequent Tenant brokerage agreement with another real estate brokerage firm. Tenant’s obligation to pay the Fee shall survive the termination of this Agreement. Any compensation received by Broker from the Listing Firm or landlord (including any leasing bonus) in excess of the Fee shall be paid to and retained by Broker even though said amount may exceed the Fee. Broker shall promptly disclose any leasing bonus to Tenant, but in all events prior to lease ratification. After crediting any compensation received by Broker from the Listing Firm or the landlord, Tenant shall be responsible for the balance of the Fee due to Broker. Tenant shall not modify Broker’s Fee in any lease agreement. ED 7. E-SIGN: ____/____. If this paragraph is initialed by both parties, then in accordance with the Uniform Electronic Transactions Act and other law, the parties do hereby expressly authorize and agree to the use of electronic signatures as an additional method of signing and/or initialing this Agreement and that either party may sign electronically by utilizing an electronic signature service. Witness the following duly authorized signatures: ____________/_________________________________ Date Tenant U ____________/_________________________________ Date Tenant Broker:_______________________________________ (insert name of firm above) By (signature):_________________________________ Print name:___________________________________ Date: ______________________ N IO AT C PY O C AL COPYRIGHT©2015 by CENTRAL VIRGINIA REGIONAL MLS, LLC (CVRMLS). All rights reserved. This form may be used only by members in good standing with CVRMLS. The reproduction of this form, in whole or in part, or the use of the names "Central Virginia Regional MLS" or “CVRMLS”, in connection with any other form, is prohibited without prior written consent from CVRMLS. CVR 381 Page 2 of 2 rev 02/15
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